Terms and Conditions

 

I. Introductory Provisions

These terms and conditions govern access to the content and services of the information society (hereinafter referred to as the Service) on the websites (hereinafter referred to as the Websites) and applications (hereinafter referred to as the Web Applications) operated by Crowlyn, s.r.o, with its registered office at Varšavská 715/36, 120 00 Vinohrady, ID No. 17174503, registered in the Commercial Register under Section C, Insert 367743/MSPH maintained by the Municipal Court in Prague, e-mail info@crowlyn.com, telephone number +49 1512 3376347 (hereinafter referred to as the Operator).

 

II. Registration

1. The User of the Service (hereinafter referred to as the User) obtains registration to the Service on the Website for those parts and services that are subject to registration based on the Operator's decision.
   
   
2. The method of registration and the data required for registration as well as for the registered User's login to the Service shall be determined by the Operator. The Operator is entitled to change the rules for registration and access to the Service.
   
   
3. The Operator shall be entitled to suspend or cancel the User's access to the Service based on his/her registration in the event that the registered User violates the provisions of these Terms and Conditions or legal regulations, the terms and conditions of a competition, auction, online game or other event organized on the Website when using the Website or the Web Application, or if the Operator has a reasonable suspicion that another person besides the User is using the User's registration data.
   
   
4. The Operator is entitled to cancel the User's access to the Service based on the User's registration if the User has not logged in to his/her registered user account within the previous 12 months. 
   
   

III. Participation in discussions

1. In the event that the Operator allows Users to post their own content by posting their discussion posts and allows the User to lead the discussion

• within the Service or
• through a third-party product or service whose content is displayed within the Service,
• Users acknowledge that their posts may be published within the Service (i.e. on the Website) without time limitation.

2. Contributions in the discussion must not be in violation of the laws of the Czech Re Posts must not contain vulgar or obscene language or insults, acts of aggression and humiliation, any discrimination (especially racial, national, religious, gender, or health), or its promotion. Submissions must not interfere with the right to protection of the personality of natural persons and the right to protection of the name, reputation, and privacy of legal persons.

3. Furthermore, discussion posts must not contain hidden or blatant advertising.

4. Nicknames in the discussion must not be misleading, vulgar, or otherwise violate good manners.

5. Users shall not disrupt the discussion by posting discussion posts outside the substantive context of the discussion or repeated discussion posts with identical text.

6. The Operator reserves the right to delete any discussion post, group of discussion posts, or all discussion posts, even without giving reasons. In particular, the Operator will immediately delete any discussion post that contravenes the principles set out in this article.

7. The Operator reserves the right to ban a User who has repeatedly violated the principles set out in this Article in the past, and in justified cases, the Operator may decide to ban a User from the discussion for other reasons.

IV. Other rights and obligations of Users related to registration to the Service

1. The User is entitled to request termination of registration at any time in the manner set out on the Website. In this case, the User is not entitled to a refund or a pro rata portion of the subscription fee.
2. The User is obliged to secure his/her registration data and access data provided for access to the Service against their misuse by another person.
3. Users are obliged to use the Service in such a way that other Users are not excluded from their use, that their use of the Service is not impeded, and that the functionality of the Service or any part thereof is not compromised or damaged.
4. In the event that the User's personal data is required for the provision of the Service, the User is obliged to provide such data truthfully and is obliged to inform the Operator of any changes to such data in accordance with the specific rules for updating such data set forth by the Operator. Further information on the processing of personal data is provided in the information on the Processing of Personal Data.
5. Users are not entitled to place their own content on the Website except where the Operator expressly permits this. In this case, Users are obliged to respect the rules for placing their own content set by the Operator. The User is entitled to place only such content on the Website that does not violate the rights of third parties (in particular copyright and the right to protection of personality or the right to protection of the reputation of a legal entity). The Operator is not obliged to back up the content placed in this way and is entitled to delete it at any time without prior notice and without compensation. For the avoidance of doubt, it is hereby stated that the discussion posts of Users shall also be considered as own content within the meaning of this paragraph and shall be governed by the rules set out in Article IV of these Terms and Conditions. 
6. The Operator is aware of the importance of a secure Internet environment and its role in it. The Operator is committed to a safe Internet environment, protects its Services from terrorist acts, and fully complies with applicable legislation. Users acknowledge that the Operator prohibits the posting of content on the Website that fulfills the characteristics of terrorist content within the meaning of Regulation (EU) 2021/784 of the European Parliament and of the Council on combating the dissemination of terrorist content online (hereinafter referred to as the Regulation). Terrorist content within the meaning of the Regulation means content that:

• • incites the commission of one of the offenses referred to in Article 3(1)(a) to (i) of Directive (EU) 2017/541, where such material directly or indirectly, for example by glorifying terrorist acts, advocates the commission of terrorist offenses and thereby creates a risk that one or more such offenses may be committed;
  • recruits a person or a group of persons to commit or contribute to the commission of one of the offenses referred to in Article 3(1)(a) to (i) of Directive (EU) 2017/541;
  • recruits a person or a group of persons to participate in the activities of a terrorist group within the meaning of Article 4(b) of Directive (EU) 2017/541;
  • provides instructions for the manufacture or use of explosives, firearms, or other weapons harmful or dangerous substances, or other specific methods or techniques, for the purpose of committing or contributing to the commission of any of the offenses referred to in Article 3(1)(a) to (i) of Directive (EU) 2017/541;
  • threatens to commit any of the offenses referred to in Article 3(1)(a) to (i) of Directive (EU) 2017/541

7. Users are responsible for all their own content that they place on the Website and/or Apps, including terrorist content.  The Operator shall not be liable for the content uploaded by Users, except as expressly provided for in the provisions of Section 5 of Act No. 480/2004 Coll. on certain information society services, as amended.

8. The Operator shall remove terrorist content or prevent access to it on the order of the competent authorities in accordance with the Regulation and applicable national legislation.

9. The Operator has not adopted any special measures or automated tools within the meaning of the Regulation aimed at combating terrorist content at the date of entry into force of these Conditions.

10. Should the Operator be exposed to terrorist content within the meaning of the Regulation in the future, it will take special measures to protect its Services from terrorist content. By applying the said special measures, terrorist content may be removed or access to it may be prevented. These special measures, if applied, will always be used in a targeted, proportionate, and non-discriminatory manner so as to achieve the protection of the Operator's Services against their misuse for the dissemination of terrorist content. A User whose content has been removed or denied access as a result of such special measures is entitled to lodge a complaint against such action by the Operator and to request the restoration of the content or access to it. The User may address the complaint to the Provider via the e-mail address linda.culba@zenlyfit.com.

11. Users are not entitled to circumvent or disrupt the software protection of the Website or disrupt its operation (in particular by sending automatically generated unsolicited messages or automatically generated accesses to the Website or Applications).

 

V. Copyright Protection

1. The materials published on the Website are generally in the nature of a copyrighted work and as such are subject to protection in accordance with Act No. 121/2000 Coll. (Copyright Act).
   
   
2. Users are entitled to use copyrighted works published on the Website only for their own use. Publication or distribution of the content of the Website, or any part thereof, is prohibited. Modification and alteration of the content of the Website or any part thereof is also prohibited. Users are permitted to save or copy individual items of content on the Website or Applications for personal use only and only provided that such saving or copying is not precluded by either an express prohibition or software protection for the relevant item.
   
   
3. The use of works of authorship published on the Website or in mass media, including for news purposes, is prohibited except with the Operator's consent.
   
   
4. If the User places content on the Website in accordance with Article V, paragraph 5 or if the User provides the Operator with images, sound, text, or audiovisual material via the Website or audiovisual material, the User hereby grants the Operator an unlimited time and territorial license to use such content respectively. material provided that such material meets the characteristics of a work of authorship or is otherwise protected by copyright law, to publish it on the relevant Website and grants the Operator the right to link such material to another work or material and to modify it for the purpose of its publication. The Operator is not obliged to identify the author of such content. The User is obliged to provide to the Operator or place on the Website only such content or material in relation to which the User is entitled to grant the Operator the rights specified in this paragraph. In the event of a breach of this obligation, the User shall be liable to the Operator for damages.
   

 

VI. Other provisions

1. The Operator is entitled to modify these Terms of Use of the Information Society Service. Information about such change shall be published on the Website and in the Applications no later than 14 days before the change becomes effective. If the User does not agree, he/she may terminate the registration in accordance with Article V, paragraph 1 of these Terms and Conditions.
   
   
2. The Operator is entitled to interrupt or terminate the operation of the Website and Applications, their individual sections or parts, and the provision of services through them at any time.
   
   
3. The Operator operates the Website on the basis of its own decision and in the form and scope of functionality determined by the Operator. The Operator acknowledges that despite the care it takes to ensure its operation, temporary, partial, or complete non-functionality cannot be excluded. Such non-functionality, irrespective of its extent and duration, does not give rise to a claim by Users or third parties for damages, loss of profit, discounts, or compensation.
   
   
4. In the event that the Website contains a link to other websites, the Operator shall not be liable for their functionality.
   
   
5. If the User is a consumer, he/she may contact the Czech Trade Inspection Authority for out-of-court settlement of any consumer dispute, e-mail: adr@coi.cz , internet address adr.coi.cz. The Consumer may also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.